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People v. Brown

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 2005
19 A.D.3d 104 (N.Y. App. Div. 2005)

Opinion

6212.

June 2, 2005.

Judgment, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered June 3, 2003, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

Laura R. Johnson, The Legal Aid Society, New York (Sheilah Fernandez of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Frances Y. Wang of counsel), for respondent.

Before: Buckley, P.J., Tom, Mazzarelli, Ellerin and Gonzalez, JJ.


The court properly denied defendant's application pursuant to Batson v. Kentucky ( 476 US 79). The record supports the court's detailed and thorough findings, in which it concluded, as to each of the four peremptory challenges at issue, that defendant did not meet his burden of establishing that the nondiscriminatory reasons offered by the People were pretextual. These findings are entitled to great deference ( see People v. Hernandez, 75 NY2d 350, affd 500 US 352), particularly to the extent that they implicate the trial court's unique opportunity to observe demeanor. We do not find any disparate treatment by the prosecutor of similarly situated panelists.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 2005
19 A.D.3d 104 (N.Y. App. Div. 2005)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEVON BROWN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 2, 2005

Citations

19 A.D.3d 104 (N.Y. App. Div. 2005)
795 N.Y.S.2d 451